| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Robert Duecaster | Member | |
| Mr. Melvin H. Meyer | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show award of the Purple Heart.
2. The applicant provides no details on how, when , or where he was wounded.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error, which occurred on 16 July 1971, the date of his separation from active duty. The application submitted in this case is dated 1 May 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted and entered active duty on 27 June 1968. He completed training as a combat engineer and was assigned to Vietnam. His available records show that he was assigned to the 168th Combat Engineer Battalion from 26 November 1968 through 22 November 1969 and the 919th Engineer Company from 23 November 1969 through 17 June 1970.
4. Effective 16 July 1971, the applicant was separated from active duty in pay grade E-4 and transferred to the Army Reserve with 2 years, 11 months, and 24 days creditable active duty and 22 days lost time. The authorized awards shown on his DD Form 214 include the Vietnam Service Medal with four bronze service stars. The Purple Heart is not listed as an authorized award.
5. A review of available records did not reveal an order for the applicant for the Purple Heart and his name did not appear on the Vietnam Casualty List. There are no medical records available for review.
6. Army Regulation 672-5-1(Military Awards), in effect at the time, provides, in pertinent part, that the Purple Heart is awarded for a wound or injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
7. Army Regulation 672-5-1 also authorized award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. A silver service star is worn in lieu of five bronze service stars.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign credit received by units serving in Vietnam. This document shows the units to which the applicant was assigned participated in five campaigns during his period of assignment and was cited for award of the Valorous Unit Award by Department of the Army General Orders 43, dated 1972, the Meritorious Unit Commendation by Department of the Army General Orders 51, dated 1971, the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 50, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal by Department of the Army General Orders Number 43, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The available records show that the applicant did not meet the regulatory requirement for award of the Purple Heart and the information he provides does not provide a basis for the award now.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 July 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 15 July 1974. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
3. Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board. Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will accomplish administrative correction of the applicant's records as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
___rw___ __rd___ ___mm___ DENY APPLICATION
| CASE ID | AR2003090969 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040219 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | 20050003291C070206
As a result, there is insufficient evidence upon which to base award of the Purple Heart in this case. Therefore, it would be appropriate to correct his records to show these unit awards. The evidence of record further shows that based on his Vietnam campaign participation, the applicant is entitled to four bronze service stars to be affixed to his already awarded Vietnam Service Medal.
ARMY | BCMR | CY2007 | 20070005273
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2007 DOCKET NUMBER: AR20070005273 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Record shows the applicant was awarded the Vietnam Service Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of...
ARMY | BCMR | CY2005 | 20050001692C070206
There are no orders in the FSM’s service personnel record which shows that he was awarded the Purple Heart. Therefore, it would be appropriate to correct the FSM's records to show this badge. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the FSM concerned by: a. deleting the Vietnam Service Medal; and b. adding the Vietnam Service Medal with four bronze service stars, the Good Conduct Medal, the Expert Marksmanship Qualification Badge...
ARMY | BCMR | CY2005 | 20050001692C070206
Therefore, it would be appropriate to correct the FSM's records to show this badge. Therefore, it would be appropriate to correct the FSM's records to show this unit award. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the FSM concerned by: a. deleting the Vietnam Service Medal; and b. adding the Vietnam Service Medal with four bronze service stars, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle and Grenade...
ARMY | BCMR | CY2004 | 20040005524C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 May 2005 DOCKET NUMBER: AR20040005524 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states that he never received his Purple Heart in Vietnam or after his discharge in 1970. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.
ARMY | BCMR | CY2006 | 20060006921C070205
Peguine Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. This document shows the applicant's unit is entitled to the Meritorious Unit Commendation for actions during the period 1 June 1968 to 31 December 1969 based on Department of the Army General...
ARMY | BCMR | CY2006 | 20060006983C070205
There are no orders in the applicant’s service personnel record which show that he was awarded the Purple Heart. Evidence shows the applicant’s records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam...
ARMY | BCMR | CY2007 | 20070001235
The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 25 April 1973. There are no orders in the applicants military service records which show that he was awarded the Purple Heart. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. correcting his DD Form 214, with an effective date of 25 April 1973, by: (1)...
ARMY | BCMR | CY2004 | 2004100330C070208
There is no evidence of record which shows that the applicant was wounded or treated for any injuries as a result of hostile action in Vietnam. Records show the applicant should have discovered the alleged error now under consideration on 28 February 1986; therefore, the time for the applicant to file a request for correction of any error expired on 27 February 1989. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to...
ARMY | BCMR | CY2003 | 2003090128C070212
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Purple Heart and the Combat Infantryman Badge “with Cluster.” 2. Therefore, he is entitled to correction of his records to show this unit award. The evidence shows that the applicant’s record contains administrative errors that do not require action by the Board.